Thulasiyammal v. Manoj Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 06.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM CRP No.579 of 2024 Thulasiyammal ... Petitioner Vs.

1.Manoj Kumar

2. P.Balasubramaniam

3. P.Sundarmurthy

4. P.Saraswathi

5. P.Velusamy

6. S.Balamani

7. C.Maheswari

8. S.Ayyasamy

9. R.Vasanthamani

10. R.Renugadevi

11. R.Senthilprabhu

12. Ponvivek

13. Aravind

14. Tamilselvi

15. Santhiya ... Respondents Prayer: Civil Revision Petition filed under Article 227 of Constitution of India to direct the learned Subordinate Judge, Avinashi to dispose of the case in O.S.No.93/2023, within a time frame, as fixed by this court. For Petitioner : Mr.K.Govi Ganesan

ORDER

This Civil Revision Petition has been filed to direct the learned Subordinate Judge, Avinashi to dispose of the case in O.S.No.93/2023, within a time frame, as fixed by this court.

2. The petitioner herein is the first defendant and the first respondent herein is the plaintiff in the above said suit, which was filed for partition of the suit property. The status of the case shows that, the case was posted for filing written statement as early as on 07.09.2023, however, inview of filing of interlocutory application, the main suit is pending. In such circumstances, this petition has been filed..

3. At this juncture, it is worthwhile to note that the Hon'ble Supreme Court in W.P.No.587/2023, dated10.11.2023, in Shaikh Uzma Feroz Hussain Vs. The State of Maharastra has dismissed the writ petition, by observing as follows.

" We are of the view that since every High Court and every Court in the country has a huge pendency, the Constitutional Court should avoid temptation of fixing a time-bound schedule for disposal of any case, before any court, unless the situation is extra ordinary."

4. Further, pursuant to the direction of this Court, the Registry, on verification through e-filing, has reported that the total pendency of the cases in the above Court is 1068.

5. Considering the pendency of the cases and also taking note of the fact that the above case is of the year 2023 and is pending, inview of the filing of interlocutory application, the learned Subordinate Judge, Avinashi is directed to dispose of the suit in O.S.No.93/2023, as early as possible.

6. With the above direction, the Civil Revision Petition is disposed of. No costs.

06.03.2024 Index:Yes/No Internet:Yes/No mst To The Subordinate Judge, Avinashi.

V.SIVAGNANAM , J.

mst CRP No.579 of 2024 06.03.2024